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Draft Guidance on e x-ante conditionalit ies

Draft Guidance on e x-ante conditionalit ies. Ad hoc expert meeting 6 March 201 3. Aim of the meeting . To receive feed-back on draft guidance for ex-ante conditionalities (EAC). Interventions should focus on the main issues, other comments should be sent in writing by 15 March. .

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Draft Guidance on e x-ante conditionalit ies

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  1. Draft Guidance on ex-anteconditionalities Ad hoc expert meeting 6 March 2013

  2. Aim of the meeting • To receive feed-back on draft guidance for ex-ante conditionalities (EAC). • Interventions should focus on the main issues, other comments should be sent in writing by 15 March.

  3. Introduction - State of play • The draft guidance on ex-ante conditionalities is based on the Danish PRES compromise of 24 April 2012 and Commission reserves, and on COREPER compromise text of 19 December 2012. • On-going trilogues on ex-ante conditionalities • On-going informal dialogue on ex-ante conditionalities with Member States. • Guidance is addressed to the desk officers dealing with ESI Funds. • Structure of the guidance: 2 parts (part 1 focuses on processes and part 2 contains assessment grids for EAC of Annex V CPR).

  4. Self-assessment by Member State, applicability (1) • For thematic EAC, the link between EAC an investment priorities is established in ANNEX V CPR (for Cohesion Policy) • For general EAC, it is necessary to verify their applicability in relation to the specific objectives of all investment/union priorities of the programme. In practise, the applicability can be limited to checking whether the relevant provisions of Union law constitute applicable Union law for the interventions.

  5. Self-assessment by Member State, fulfilment (2) • The fulfilment of an applicable ex-ante conditionality requires that ALL the corresponding criteria are fulfilled • In case where relevant criteria are not fulfilled: MS should provide an action plan to ensure fulfilment by the end of 2016

  6. Commission's assessment (1) • Applicability of ex-ante conditionalities • Check if the MS has identified ALL ex-ante conditionalities applying to its PA / relevant programmes. The Commission may request additional information from the Member State in order to carry out its assessment.

  7. Commission's assessment (2) • Fulfilment of ex-ante conditionalities and actions to be taken • Identify all the non-fulfilled or partially fulfilled criteria • Check whether an action plan has been provided in the PA / programmes for ALL relevant and non-fulfilled criteria • Assess whether the action plans contain all the required information (set of actions, responsible bodies, timetable) The Commission may request additional information from the Member State in order to carry out its assessment.

  8. Commission's assessment of significant prejudice • In case where NOT ALL RELEVANT CRITERIA are fulfilled at the time of submission of PA / programmes: • COM will examine whetheritcouldgiverise to a significantprejudice to the effectiveness and the efficiency of the achievement of the specific objective of the investmentpriorityconcerned • In case of HIGH RISK (i.e. when the quality of spending would be significantly affected) COM may decide to suspend payments at the adoption of a programme (expenditure and bodies most at risk)

  9. Resolution of disagreements between the Commission and a Member State • Burden of proof is on the Commission • The Commission shall therefore be able to justify its assessment • Important to build on information provided by Member State

  10. Types of ex-ante conditionality (Annex V CPR for Cohesion Policy) • Thematic ex-ante conditionalitiesare linked to the thematic objectives and investment priorities proposed for cohesion policy. • General ex-ante conditionalities are linked to horizontal aspects of programme implementation. NB: They do not apply to European territorial cooperation.

  11. Part II of the Guidance • A common template: • When to assess applicability ? • Definitions • Source of information for assessment • Rationale for the ex-ante conditionality • Fulfilment and non-fulfilment of criteria (assessment grid) Annex: Background information

  12. Part II of the Guidance - Examples of fiches • Thematic EAC 2.1 : Digital growth • Thematic EAC 7.1:Road • Thematic EAC 8.4: Active and healthy ageing • Thematic EAC 9.1: Early school leaving • Thematic EAC 10.1: Active inclusion • General EAC 5: State aid

  13. Thank you for your attention! Writtencommentscanbe sent by15 Marchto: REGIO-DGA1.01-WORKSHOPS-AND-SEMINARS@ec.europa.eu

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